The judicial biodetection of the factitious behavior. The polygraph (I) Cover Image
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Biodetecłia judiciară a comportamentului simulat. poligraful (i)
The judicial biodetection of the factitious behavior. The polygraph (I)

Author(s): Ioana Poiana
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: polygraph; judicial biodetection; factitious behaviour; history, emotional stress detector in writing and speaking; the new type of polygraph; the polygraph used by the police of Sibiu; legal conditions

Summary/Abstract: The aim of this paper is to analyse one of the most controversial institutions of Criminalistics, namely the polygraph technique. Most authors consider this technique useless because its results cannot be used as proof in court. However, the judicial practice reveals that magistrates have been considering this simple clue useful in their search for truth. The paper is structured into six parts. The article starts with the definitions of the terms: judicial biodetection and factitious behavior and invokes the opinions of some of the most famous authors of this judicial science. Then it presents the technical resources that can be used for finding out whether the subject has a false or sincere behavior. The main equipments that can be used in order to detect a factitious behaviour are: the emotional stress detector in writing, the emotional stress detector in speaking and the polygraph. The third part exposes the historical evolution of the polygraph at a worldwide level, the first, so called, lie detector being used by Cesare Lombroso, and in Romania, where it was used for the first time by the University „Babes-Bolyai” of Cluj-Napoca. After that it focuses on a new and streets-ahead type of polygraph created by the company Lafayette Instrument from the U.S.A. and makes a comparative view between this new type and the old one. The fifth part envisages a presentation of the Lafayette poligraph that is currently used by the police of Sibiu. The herein article ends with the legislation that governs the use of this equipment and the specialists that can use it.

  • Issue Year: 2009
  • Issue No: 01
  • Page Range: 260-271
  • Page Count: 12
  • Language: Romanian
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